Terms of Use
Your voluntary choice to use the “Cash Advance App: Payday Loans” mobile application (the “App”), bounds you by the following terms and conditions (the “Terms”).
It is your responsibility to read these Terms carefully and fully.
If you do not agree to these Terms, you are advised to close and uninstall The App immediately as any loan request is null and void.
Loan Referral Service
The App’s loan request tool (the “Service”) aims to connect users to lender among a network of licensed lenders (the “Lender Partners”).
The Service is predicated on the completion and submission of an online web form (a “Request Form”).
This collects PII from including the user’s full name, home address, email address, phone number, employment, income level and frequency, and bank account information for checking.
This info is party to The App’s Privacy Policy, which is also found in these Terms.
Credit Decisions
The Service provided by The App does not involve any lending decisions in terms of application assessment or loan approval.
The operator of The App is not a lender or broker. As a result, The App does not make any guarantees that any Lender Partner will make a loan offer or what the potential loan amount or terms might be.
The cost of a loan, its interest rate, any additional fees, and any specific policies are set directly by the Lender Partner, based on their wholly separate assessment of your application from The App.
By submitting a Request Form, you consent to your information being shared with the network of Partner Lenders and understand this establishes a formal request for loan offer from any of the Lender Partners.
Until such a time you expressly opt-out, you further consent to being contacted by Lender Partners via the PII provided on the Request Form.
This might include emails, phone calls, SMS messages, or regular mail, and may be in regard to your loan application, as well as other relevant offers, now or in the future.
Upon receipt of your loan request and personal information a Lender Partner might use in-person and/or automated assessment methods to determine your edibility for a loan.
At this stage the Lender Partner might pursue a credit check, as well as checks to verify your identity.
Credit checks may come in two forms: (a “Soft Check”) or informal check that doesn’t have any impact on your credit report, or a (a “Hard Check”) or formal search that will be noted on your credit report and could temporarily affect your credit score and ability to obtain credit elsewhere.
TransUnion, Experian, and Equifax are the most common reporting agencies used by lenders, but Lender Partners reserve the right to use any credit information agencies, including smaller services like Teletrack, DataX, DP Bureau, Microbilt, or any other undisclosed company.
By submitting a loan Request Form, you automatically consent to Lender Partners receiving, reading, assessing, verifying, and otherwise using your information to determine your credit worthiness and whether they wish to extend you a loan offer or approve your application.
When the process is complete, if a Lender Partner wishes to make you a loan offer, the user understands that they will be redirected from The App to the lender’s own page or online application tool.
At this stage you further understand that The App is no longer part of The Application or decision-making process, and you are party to the lender’s own privacy policy, terms of use, and any other terms or policies.
Electronic Disclosure
Your submission of a Request Form also constitutes consent to receive disclosures, notifications, documents, further application related forms, and other correspondence from our Lender Partners and The App.
You agree that if you are connected to a Lender Partner, they will issue any loan offer and subsequent contract electronically, which is to also be signed electronically.
Upon doing so your electronic signature makes the loan agreement legally binding and holds the equivalent legal status as a physical signature on a traditional paper contract.
You further understand that all further correspondence, including crediting the loan and debiting the repayment, may be automated and electronic.
Lender Partners may employ a paper-free policy, in which the only method of accessing your loan agreement and related information is via the lender’s website or online services.
Your ability to withdraw consent to electronic disclosure and receive paper correspondence is at the Lender Partner’s sole discretion.
The user is responsible for communicating the desire for paper disclosure and the lender reserves the right to reject the request.
If you do not consent to electronic disclosure by default, your eligibility for a loan via the Service may be revoked.
Accuracy
The user agrees that all information volunteered via The App, Request Form, or further correspondence with a Lender Partner is true and accurate to the best of your knowledge at the time, and you will not willfully share false or misleading information as a means to obtain credit or for any other purpose.
You understand that if you do provide inaccurate information in your Request Form, The App, or further correspondence with a Lender Partner, you might be rejected, suspended, or permanently terminated from using the Service or requesting a loan from a Lender Partner.
Control over Features, Functions, and Access to the Service
The user understands and agrees that information, features, and functions of The App and the Service, may be changed or updated without express prior notice.
Furthermore, The App reserves the right to remove part or all of your access to the Service without warning if, at its sole discretion, it is deemed you have violated these Terms, the rights of The App, or those of any related third party, or if you engage in any activities it deems inappropriate.
The user is solely responsible for any self-made errors made on the Request Form and The App cannot be held responsible for delays providing the Service because of such mistakes.
The App also is not responsible for any technical glitches or miscomprehensions you experience that are beyond its reasonable control, at its sole discretion.
Disclaimers and Limitations
The App, THE INFORMATION THEREIN, AND ANY ASSOCIATED WEBSITES, SERVICES, SOFTWARE, TOOLS, OR PRODUCTS, ARE PROVIDED “AS IS”.
The App EXPRESSLY DISCLAIMS, ANY KIND OF WARRANTY AS TO ANY MATTER WHATSOEVER RELATING TO The App, AND ANY ASSOCIATED WEBSITES, SERVICES, SOFTWARE, TOOLS, OR PRODUCTS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
YOU USE The App OR the Service AT YOUR OWN RISK, AND The App MAKES NO WARRANTY AS TO THE OUTCOME OF USING IT, OR ANY ASSOCIATED WEBSITES, SERVICES, SOFTWARE, TOOLS, OR PRODUCTS
The App, Lender Partners, ADVERTISERS, AND ANY OF THEIR SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF The App OR ANY ASSOCIATED WEBSITES, SERVICES, SOFTWARE, TOOLS, OR PRODUCTS, OR WITH THE DELAY OR INABILITY TO USE The App, THE WEBSITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The App OR THE Lender Partners HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
The App is NOT AN AGENT, BROKER, SUBSIDARY, OR EMPLOYEE OF ANY LENDER PARNTER, AND DOES NOT OFFICIALLY ENDORSE ANY SPECIFIC LENDER OR LOAN PRODUCT. The App HAS NO INVOLVEMENT IN ANY LENDER’S ASSESMENT OR USE OF THE INFORMATION SENT VIA YOUR Request Form, DECIDING YOUR CREDIT WORTHINESS OR THE LENDER’S OWN LOAN APPROVAL CRITERIA.
FUTHERMORE, ALL SERVICES EXTENDED BY THE Partner Lender ARE AN AGREEMENT BETWEEN THE LENDER AND USER. YOU AGREE THAT The App BARES NO RESPONSBILITY NOR IS LIABLE FOR ANY DAMAGES OR COSTS OF ANY KIND EMENTATING DIRECTLY FROM OR LINKED TO YOUR USE OF THE Request Form and THE Service AND YOUR SUBSEQENT DEALINGS WITH A Lender Partner. YOU AGREE THAT A Lender Partner MAY KEEP YOUR PII IN ACCORDANCE WITH RELEVANT REGULATIONS, WHETHER YOUR LOAN APPLICATION IS APPROVED OR NOT.
NOT ALL STATE LAWS PERMIT LITABILITY AND DICLAIMER OF IMPLIED WARRNATIES LIMIATIONS, IN WHICH CASE THE ABOVE DISCLAIMERS AND LIMITATION MIGHT NOT APPLY TO YOU. NOTWITHSTANDING, THE GREATEST EXTENT OF THE LAW WILL BE USED IN RESPECTIVE OF LIMITING LIABILITY OF The App, LENDER PARTNERS, ADVERTISERS, ANY OF THEIR SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTENT PROVIDERS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS.
Indemnity
By using The App or the Service you agree to indemnify both The App and the Lender Partners from and against any and all liabilities, damages, expenses (including attorney’s fees) from claims generated from your experience with The App. This includes claims alleging facts, that if true, would mean you are in breach of these Terms.
Links to Third Parties
Through use of The App you will come across outbound links and redirections to Lender Partners and other online sites and services.
Outbound links are provided for informational purposes only.
The App does not own, control, or have any input into these sites, including any loans, services, other products, or financial information they might offer.
Displaying these links or redirecting users to external sites does not constitute an official endorsement from The App, nor does it rank or encourage users to access any particular content, third-party site, service, product, or sponsoring organization found via these links.
Dispute Resolution
Any dispute, such as legal claims or other controversies that stem from your use of The App or the Service, and any claims of liability for acts or omissions (a “Dispute”), shall be handled exclusively by binding arbitration as per the commercial arbitration rules outlined at that time by the American Arbitration Association.
You agree that Los Angeles, California, will be the site of any arbitration and any judgment will be entered into a court of relevant competency in the jurisdiction.
No arbitrator will have the power to award damages over a Dispute that exceeds actual compensatory damages proven by the plaintiff and will not increase actual damages or award punitive, consequential, or exemplary damages.
Furthermore, both parties agree to irrevocably waive any claim thereto.
By consenting to arbitration, you agree that there will be no joinder or consolidation with third-party arbitrations or claims, regardless of the nature or relevance these disputes.
BY AGREEING TO THESE TERMS, YOU FORGO YOUR RIGHT TO SETTLE ANY DISPUTES WITH The App IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO AGREE NO TO JOIN AN EXISTING OR FILE A NEW CLASS ACTION LAWSUIT AGAINST The App OR ITS OPERATORS. BY USING The App or the Service YOU ESTABLISH CONSENT TO THESE TERMS.
If these arbitration provisions, for whatever reason, are deemed inapplicable or unenforceable, or if you file a legal suit against The App or its operators, you agree Los Angeles, California will be the exclusive jurisdiction to preside in state or federal courts.
You further agree to file any claim or cause of action within one year of its emergence or be barred forever from filing, even of a law or statute is to the contrary.
SMS Terms & Conditions
When filling out the Request Form you may enter a cell phone or landline number.
If using a cell phone number, you agree to automatically opt-in to receive SMS messages from The App and the Lending Partners, if the form is submitted.
Texts might include follow-up information regarding your request for a loan, including links to forms or lender offers; and payment reminders or future loan offers from Lender Partners.
Further support can be requested by emailing: [email protected]
Any charges issued by your wireless, cellular carrier, or other third parties related to SMS, including Data Rates, are under no circumstances the responsibility of The App.
Technical issues related to The App that result in delays or undelivered messages are not the liability of carriers.
Other Terms
The Terms outlined above constitute the full agreement between The App and the User.
These Terms are governed by the relevant laws and regulations of California, irrespective of its conflict of law principles.
Should these Terms be deemed unenforceable under any relevant law, then the underlying provision will be superseded by any valid, updated, and enforceable provision that mirrors the original intention of the provision while the remainder of these Terms are still in effect.
If The App or its operators fail to enforce all or part of these Terms, at any time, such inaction does not represent a waiver for the user to be unbound by the Terms.
The App reserves the right to amend these Terms at any time without warning by posting or linking to them on The App or its associated website.
All amended terms are in effect as soon as posted and accessible by the user.
Questions
You may direct any questions concerning these Terms to: